CHAPTER 552
S.P. 629 - L.D. 1697
An Act To Clarify Certain Provisions Contained in the Recodified Hunting, Fishing and Trapping Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §10001, sub-§12-A is enacted to read:
12-A. Dipnet. "Dipnet" means a device consisting of a rigid frame filled with netting, firmly attached to a rigid handle and manually operated by a single person.
Sec. 2. 12 MRSA §11155, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read:
1. Permit required. Except as otherwise authorized pursuant to this Part, a person may not hunt or possess wild turkey unless that person has a valid permit issued under this section. Each day a person violates this subsection that person commits a Class E crime for which a minimum fine of $50 and an amount equal to twice the applicable license fee must be imposed.
A person who violates this subsection commits a Class E crime for which the court shall impose a fine of not less than $500, none of which may be suspended. The court also shall impose a fine of $500 for each wild turkey unlawfully possessed, none of which may be suspended.
Sec. 3. 12 MRSA §11201, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the following enacted in its place:
§11201. Hunting during closed season
1. Closed season; general. A person may not hunt any wild animal or wild bird during the closed season or possess any wild animal or wild bird taken during the closed season on that wild animal or wild bird. Except as otherwise provided in this section, a person who violates this section commits a Class E crime.
2. Bear. A person who hunts or possesses a bear in violation of this section commits a Class D crime for which the court shall impose a sentencing alternative of not less than 3 days for the first offense, none of which may be suspended, and of not less than 10 days for each succeeding offense, none of which may be suspended. The court also shall impose a fine of not less than $1,000, none of which may be suspended.
3. Deer. A person who hunts or possesses a deer in violation of this section commits a Class D crime for which the court shall impose a sentencing alternative of not less than 3 days for the first offense, none of which may be suspended, and of not less than 10 days for each succeeding offense, none of which may be suspended. The court also shall impose a fine of not less than $1,000, none of which may be suspended.
4. Moose. A person who hunts or possesses a moose in violation of this section commits a Class D crime for which the court shall impose a sentencing alternative of not less than 3 days for the first offense, none of which may be suspended, and of not less than 10 days for each succeeding offense, none of which may be suspended. The court also shall impose a fine of not less than $1,000, none of which may be suspended.
5. Wild turkey. A person who hunts or possesses a wild turkey in violation of this section commits a Class E crime for which the court shall impose a fine of not less than $500, none of which may be suspended. The court also shall impose a fine of not less than $500 for each wild turkey unlawfully possessed, none of which may be suspended.
Sec. 4. 12 MRSA §11351, sub-§2, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read:
2. Exceeding bag limit on bears. Except as otherwise provided, a A person may not possess more than one bear in any calendar year, except a person may keep more than one legally obtained bear in that person's home or as otherwise provided in law. A person who violates this subsection commits a Class D crime for which the court shall impose a sentencing alternative involving a term of imprisonment not to exceed 180 days; the court also shall impose a fine of not less than $1,000, none of which may be suspended.
Sec. 5. 12 MRSA §11501, sub-§§1 and 2, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read:
1. Exceeding bag limit. A person may not possess more than one deer during any open season, except as otherwise provided a person may keep more than one legally obtained deer in that person's home at any time or as otherwise provided in law.
2. Hunting deer after having killed one. A person may not hunt deer after that person has killed or registered one during the open season of that calendar year, except as otherwise provided in law or rule.
Sec. 6. 12 MRSA §11601, last ¶, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the following enacted in its place:
A person who violates this section commits a Class E crime.
Sec. 7. 12 MRSA §11651, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed.
Sec. 8. 12 MRSA §11651-A is enacted to read:
§11651-A. Hunting moose after having killed one
A person may not hunt moose after that person has killed or registered one during the open season of that calendar year, except as otherwise provided.
A person who violates this section commits a Class D crime for which the court shall impose a sentencing alternative of not less than 3 days for the first offense, none of which may be suspended, and of not less than 10 days for each succeeding offense, none of which may be suspended. The court also shall impose a fine of not less than $1,000, none of which may be suspended.
Sec. 9. 12 MRSA §11701, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read:
§11701. Authority of commissioner; wild turkey hunting
The commissioner may establish open seasons for hunting wild turkeys, designate areas that are open to the taking of wild turkeys in any part of the State, prescribe the form and regulate the number of permits to be issued, determine the number and sex of the birds to be harvested, establish bag limits, establish permit eligibility requirements, establish legal hunting times, specify the types of weapons to be used during any open wild turkey hunting season and make any other rules that the commissioner considers necessary for the protection of the wild turkey resource.
Sec. 10. 12 MRSA §11702, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed.
Sec. 11. 12 MRSA §11751-A is enacted to read:
§11751-A. Unlawful possession of wild turkeys
1. Possession of wild turkeys. A person may not possess a wild turkey taken in violation of any rule adopted by the commissioner under section 11701.
2. Exceeding bag limit. A person may not possess more than one wild turkey during any open season, except a person may keep more than one legally obtained wild turkey in that person's home at any time or as otherwise provided in law or rule.
3. Hunting wild turkey after having killed one. A person may not hunt wild turkey after that person has killed or registered one during any open season of that calendar year, except as otherwise provided in law or rule.
4. Penalties. The following penalties apply to violations of this section.
A. A person who violates subsection 1 commits a Class E crime.
B. A person who violates subsection 2 or 3 commits a Class E crime for which the court shall impose a fine of not less than $500, none of which may be suspended. The court also shall impose a fine of $500 for each wild turkey unlawfully possessed, none of which may be suspended.
Sec. 12. 12 MRSA §11801, sub-§3, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read:
3. Penalties. A person who violates subsection 1 this section commits a Class E crime for which the court shall impose a fine of not less than $500, none of which may be suspended. The court also shall impose a fine of $500 for each turkey unlawfully killed, none of which may be suspended.
Sec. 13. 12 MRSA §12403, sub-§3, ¶B, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed.
Sec. 14. 12 MRSA §12404, sub-§6, ¶D, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed.
Effective July 30, 2004, unless otherwise indicated.
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